C:\AWARDS\OUT\2-07569.htm

Form 1 NATIONAL RAILROAD ADJUSTIFNT BOARD Award No. 7569
SECOND DIVISION Docket No. 7437
2-MP-EW-'78

The Second Division consisted of the regular members and in addition Referee Walter C. Wallace when award was rendered.

( System Federation No. 2, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Electrical Workers)

(

( Missouri Pacific Railroad Company

Dispute: Claim of 2nplor e s

1. That the Missouri Pacific Railroad Company violated Rules 1 - Section 1(a), 2(a) and 3(a) and I+(a), (d) and (g) of the June 1,

1960

controlling agreement on October 28,

1975,

when they instructed Telephone Maintainers R. K. Langford, M. P. Bridges and J. E. Brown. to work in excess of their eight

(8)

assigned hours; on October

30, 1975

when the Carr4er instructed Telephone Maintainers R. K. Langford and J. E. Brown to work in excess of their eight (8).assigned hours, to perform work on electronic scales at North Little Rock, Arkansas.

2. That accordingly, the Missouri Iacific Railroad Company, compensate Telephone Maintainers R. K. Lar4;ford, ..I. P. Bridges and J. E. Brown eight

(8')

hours at the punitive rate for October

28, 1975;

and, one hour (1') at the punitive rate to Telephone ~Saintainers R. K. Langford and J. E. Brown for October

30, 1975.

Findings: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in thin dispute axe respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The claimants are telephone maintainers who are paid on a monthly basis. On October 28 and 30, 1_975, they were ordered to work in excess of their eight assie;ned hours to perform work on electronic scales at North Little Rock, Arkansas. Claimants maintain they are entitled to overtime compensation under the applicable agreement and denial of such overtime by the Carrier violated -the agreement. Form 1 Award No. 7769
Page 2 Docket No. 7437
2-MP-EW-'78 This same question, involving the same parties, was recently considered by this Board in Awards 7488 and 7489 (OBrien). In those awards the claims were denied after considering the arguments presented here. We find the views expressed. in these awards axe sound and we adopt them here. Telephone maintainers work irregular hours and they are paid in accordance with Rule 107(c) fox "all services rendered". This includes overtime and ire axe not apprised that any exception to -that rule applicable here. It is our view that the Carrier did not violate the contract.

A W A R D

Claims denied. NATIMU RAILROAD ADJUST2,'LFP7T BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board Byte/ .~ _.~?.'?. X? L,~,, ~_i _.~ - - f_-L.%- Lr-% to en,rle Brasch - Ad-minis trat:ive Assistant Dat. od a Chicago, Illinois, this 2 3 rd day of June 1978.